Nuhanovic Foundation

Reparations Database

Fernanda Nicola, Ingrid Nifosi Sutton; Assessing Regional Cooperation: New Trends before the European Court of Human Rights and the European Court of Justice, Human Rights Brief 15, no. 1





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This article discusses the approach adopted by European court of human rights (ECHR) and the European court of justice (ECJ), for the reparations of human rights violations. Both of these courts have have shown a substantial development in this regard and have moved beyond pecuniary measures. The ECHR has modified its practice in some exceptional cases to form a more progressive approach towards reparations, where it specifies that states should adopt individual or general measures. Similarly, the ECJ has also broadened the scope of reparations particularly it has stopped the member states from deportation of third country nationals under their domestic immigration laws as it would violate the rights granted under European Union laws.

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